BILL NUMBER: AB 2140	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lara

                        FEBRUARY 23, 2012

   An act to amend and repeal Section 20677.7 of the Government Code,
relating to public employees' retirement.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2140, as introduced, Lara. Public employees' retirement: State
Bargaining Unit 5: contribution rates.
   The Public Employees' Retirement Law (PERL) provides a
comprehensive set of rights and benefits based upon age, service
credit, and final compensation for members of the Public Employees'
Retirement System. PERL provides that the contribution rate for state
miscellaneous members and specified state industrial members who are
represented by State Bargaining Unit 5 (Highway Patrol) is 11% of
compensation in excess of $317 per month paid to a member whose
service is not included in the federal system and 10% of compensation
in excess of $513 per month paid to that member whose service has
been included in the federal system.
   This bill would reduce the contribution rates of state
miscellaneous and state industrial members, who are represented by
State Bargaining Unit 5, by 3%.
   The bill would also make technical changes, including deleting an
identical provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 20677.7 of the Government Code, as added by
Section 13 of Chapter 162 of the Statutes of 2010, is amended to
read:
   20677.7.  (a) Notwithstanding Section 20677.4, effective with the
beginning of the September 2010 pay period, the normal rate of
contribution for state miscellaneous or state industrial members who
are represented by State Bargaining  Units 5 and 
 Unit  8, shall be:
   (1) Eleven percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
   (2) Ten percent of compensation in excess of five hundred thirteen
dollars ($513) per month paid to that member whose service has been
included in the federal system. 
   (b) Notwithstanding Section 20677.4, effective with the beginning
of the September 2010 pay period, the normal rate of contribution for
state miscellaneous or state industrial members who are represented
by State Bargaining Unit 5 shall be:  
   (1) Eight percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.  
   (2) Seven percent of compensation in excess of five hundred
thirteen dollars ($513) per month paid to that member whose service
has been included in the federal system.  
   (b) 
    (c)  If the provisions of this section are in conflict
with the provisions of a memorandum of understanding reached pursuant
to Section 3517.5, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless and until
approved by the Legislature in the annual Budget Act. 
   (c) 
    (d)  Consistent with the normal rate of contribution for
all members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.
  SEC. 2.  Section 20677.7 of the Government Code, as added by
Section 13 of Chapter 163 of the Statutes of 2010, is repealed.

   20677.7.  (a) Notwithstanding Section 20677.4, effective with the
beginning of the September 2010 pay period, the normal rate of
contribution for state miscellaneous or state industrial members who
are represented by State Bargaining Units 5 and 8, shall be:
   (1) Eleven percent of the compensation in excess of three hundred
seventeen dollars ($317) per month paid to a member whose service is
not included in the federal system.
   (2) Ten percent of compensation in excess of five hundred thirteen
dollars ($513) per month paid to that member whose service has been
included in the federal system.
   (b) If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Section 3517.5, the memorandum of understanding shall be controlling
without further legislative action, except that if the provisions of
a memorandum of understanding require the expenditure of funds, the
provisions shall not become effective unless and until approved by
the Legislature in the annual Budget Act.
   (c) Consistent with the normal rate of contribution for all
members identified in this subdivision, the Director of the
Department of Personnel Administration may exercise his or her
discretion to establish the normal rate of contribution for a related
state employee who is excepted from the definition of "state
employee" in subdivision (c) of Section 3513, and an officer or
employee of the executive branch of state government who is not a
member of the civil service.